• New and developing court rules, case law and even some state bar ethics opinions send a clear message: the modern litigator must have a basic understanding of the process of discovering electronically stored information (ESI), including the capabilities and limitations of technology and how the process is viewed by a judiciary increasingly comfortable with the topic. The proliferation of electronic data associated with litigants of all types and sizes, whether corporate or individual, means a litigator must understand not only how to identify where clients and opposing parties keep documents, but how to leverage the available tools to efficiently analyze those documents and opponents' productions.

  • Holding Bank Consultants More Accountable
    by: Daniel S. Alter | New York Times | (09/10/2015)

    The “increasing extent to which regulators and prosecutors have come to rely on consultants to investigate suspected bank wrongdoing” is a confounding problem (“Banks, Consultants and Justice Deferred,” editorial, Aug. 20).

  • The United States and Canada both provide an aggrieved investor with redress for securities violations. In the United States, an investor may attempt to recover money damages under section 10(b) of the Securities Exchange Act of 1934, the general antifraud provision of the federal securities laws. In Canada, until recently, an investor’s main recourse was tort law, principally common-law negligent misrepresentation and fraud causes of action. Statutory causes of action for securities misrepresentations have only recently been enacted and are still evolving.

  • James Murphy, Joseph Lombard and Theodore Snyder get high-frequency trading suits nixed.  A New York federal judge dismissed five cases Wednesday alleging exchanges and dark pools, including one operated by Barclays PLC, have given high-frequency trading firms market advantages, claims spotlighted by Michael Lewis' 2014 book, “Flash Boys.”

  • Steve Crimmins quoted in Law360 article on the D.C. Circuit’s say on the SEC’s powers under the Dodd-Frank Act.  Over 40 days this summer, the D.C. Circuit has weighed in three times on the U.S. Securities and Exchange Commission’s powers under the Dodd-Frank Act, giving the agency alternatively passing and failing grades for steps it’s taken since the law’s passage in 2010.

  • Murphy & McGonigle, P.C. announced today that Stephen J. Crimmins has joined the firm as a shareholder in its Washington DC and New York offices.  Mr. Crimmins’ arrival continues the strong trend of top litigation and regulatory talent joining the financial services law firm that was founded in 2010 and now numbers 43 lawyers.